Judge sets deadline in arrests dispute

State must provide jail rides

March 12, 2008|BY PAULA McMAHON Staff Writer

State Department of Corrections officials have one month to fix a problem that has released about 60 felons accused of violating the terms of their probation or house arrest, a Broward judge ruled Tuesday.

Since Feb. 1, state officials and local law enforcement have been squabbling about who should arrest alleged violators and drive them to jail. Local law enforcement officials say they don't have the time or money to do the job, and state corrections officials say they're not ready to take it over.

Broward Circuit Judge Stanton Kaplan's order strongly criticized state Department of Corrections officials and said the law places the responsibility on them.

"The department, in fact, has buried its head in the sand and has shirked its responsibility, which has created a concern for the safety of citizens in the state of Florida and has placed all citizens in danger by releasing felons back on the streets of Broward County," Kaplan wrote.

Gretl Plessinger, a state corrections spokeswoman, said the department had not seen the order but officials will review it. She said alleged violators are being charged but probation officers have to seek arrest warrants, a process that can take days.

"We don't have a way to transport prisoners and most of our officers use their own vehicles," she said. Probation officers are armed only if they purchase their own weapons, she added.

For about 20 years, Kaplan has ordered corrections officials to arrest anyone under his supervision who tests positive for an illegal substance. He appointed a special prosecutor to investigate when the department told him it would no longer comply with his order.

Among the people released in Broward because of the spat is a convicted rapist who recently left the county without permission. Most of the other cases involve people accused of failing drug tests or driving with a suspended license.

Kaplan wrote that the department has been on notice at least since June 2004 that it was creating an "undue hardship" for local law enforcement agencies by requiring them to make all such arrests. Probation officers have the authority to make arrests, carry weapons and other equipment and local agencies have offered to lend them secure vehicles, Kaplan wrote.

He gave department officials a maximum of 30 days to comply with his order and said he would take further action to ensure compliance if they don't.

Paula McMahon can be reached at pmcmahon@sun-sentinel.com or 954-356-4533.